Equuscorp Pty Ltd v Glengallan Investments Pty Ltd [2004] HCA 55

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, KIRBY, HAYNE AND CALLINAN JJ

Matter No B93/2003

EQUUSCORP PTY LTD & ANOR APPELLANTS

AND

GLENGALLAN INVESTMENTS PTY LTD RESPONDENT

Matter No B94/2003

EQUUSCORP PTY LTD & ANOR APPELLANTS

AND

CODD RESPONDENT

Matter No B95/2003

EQUUSCORP PTY LTD & ANOR APPELLANTS

AND

ANDERSON RESPONDENT

Matter No B96/2003

EQUUSCORP PTY LTD & ANOR APPELLANTS

AND

PRENDERGAST RESPONDENT

Matter No B97/2003

EQUUSCORP PTY LTD & ANOR APPELLANTS

AND

THORNTON RESPONDENT

Matter No B98/2003

EQUUSCORP PTY LTD & ANOR APPELLANTS

AND

HGT INVESTMENTS PTY LTD RESPONDENT

Equuscorp Pty Ltd v Glengallan Investments Pty Ltd Equuscorp Pty Ltd v Codd Equuscorp Pty Ltd v Anderson Equuscorp Pty Ltd v Prendergast Equuscorp Pty Ltd v Thornton Equuscorp Pty Ltd v HGT Investments Pty Ltd

[2004] HCA 55

16 November 2004

B93-98/2003

ORDER

Orders in each matter

1. Appeal allowed. 2. Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 27 September 2002 and, in place thereof, order that: 3. the appeal to that Court is allowed; 4. the orders of the primary judge made on 30 November 2001 and 5 March 2002 are set aside; and 5. the matter is remitted to the Supreme Court of Queensland for further consideration of the issues not decided at trial. 6. Appellants have 14 days from the date of these orders to make written submissions as to costs and the respondents have a further 14 days to make written submissions in answer.

On appeal from the Supreme Court of Queensland

Representation:

P A Keane QC with S S W Couper QC for the appellants (instructed by Gadens Lawyers)

D R Cooper SC with C L Francis for the respondents (instructed by Lees Marshall & Warnick)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.